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EverQuest End User License Agreement
THIS AGREEMENT DESCRIBES THE TERMS ON WHICH SONY ONLINE ENTERTAINMENT LLC (" SOE ") OFFERS YOU ACCESS TO AN ACCOUNT (THE " ACCOUNT ") TO PLAY THE STATION PASS COMPUTER GAMES (THE " GAMES "). BY PRESSING THE "I ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. BY PRESSING THE "I DECLINE" BUTTON, YOU DECLINE THESE TERMS AND CONDITIONS, AND WILL NOT BE ABLE TO PLAY THE GAMES. If you have any questions regarding these terms and conditions, please contact customer service at accounts@soe.sony.com 1. Accounts are available only to adults or, in their discretion, their minor child. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement. By clicking the "I Accept" button and providing us with a credit card number, you represent that you are an adult and are accepting this Agreement either on behalf of yourself or your child. You may not transfer or share your Account with anyone, except that if you are a parent or guardian, you may permit one child to use the Account instead of you (in which case you may not use that Account). You are solely responsible and liable for all activities conducted through the Account and for the security of your computer system, and parents or guardians are liable for the activities of their child. Corporations and other entities are not eligible to procure Accounts. 2. To play the Games, you must (a) download the software required for the Games (the " Software "), (b) have a fully paid Account, and © have an Internet connection (which we do not provide) to access your Account. In addition to any fees described herein, you are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware, software, service and other costs you incur to access your Account, including, without limitation, any internet service provider fees. Neither this Agreement nor your Account entitles you to any subsequent releases of the Software nor to any expansion packs, sequels or similar ancillary products. You understand that we may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement. 3. We may amend this Agreement at any time in our sole discretion. Amendments shall be communicated to you at the time you log into your Account. Such amendments shall be effective whenever we make the notification available for your review. 4. Upon registration, you must select a password. You may not disclose your password to any third party. We never ask you for your password by telephone or email, and you should not disclose it this way if someone asks you to do so. There may be an additional charge to reissue lost passwords. Although we may offer a feature that allows you to "save" or "remember" your password on your hard drive, please note that third parties may be able to access your computer and thus your Account. You agree not to disclose your password to any third party. You agree to indemnify and hold SOE and its affiliated companies, officers, directors, employees and agents harmless from any improper or illegal use of your Account, including, without limitation, arising from your disclosure of your password to a third party or your allowing someone else to use your Account. Your Account may be subject to suspension or termination if you let someone else use it inappropriately or if you or anyone else using your Account violates this Agreement or The Station Terms of Service, which are incorporated herein. 5. We describe our fees and billing procedures at https://store.station.sony.com/store/subscriptions/rules_feesSP.jsp , which are incorporated herein by this reference. All fees are stated in U.S. Dollars. All fees are prepaid and non-refundable. Upon your acceptance of these terms and conditions, we will automatically charge your credit card the Account fee plus any applicable taxes we are required to collect, and you authorize us to do so. Thereafter, on the applicable anniversary, we will charge your credit card the then-current renewal rate plus any applicable taxes we are required to collect, and you authorize us to do so. If we are unable to process your credit card at a renewal period, your Account may be immediately terminated. 6. We may suspend and/or terminate this Agreement (including your Software license and your Account) immediately and without notice if you breach this Agreement, The Station Terms of Service or repeatedly infringe any third party intellectual property rights or other proprietary rights, or if we are unable to verify or authenticate any information you provide to us, or upon gameplay, chat or any activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the Games, including as may be set forth in the player rules of conduct, which may be posted at http://services.station.sony.com/en/procedures.jsp . The player rules of conduct are subject to change at any time, in our sole discretion. If we terminate this Agreement under these circumstances, you will lose access to your Account for the balance of any prepaid period without any refund. We may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Games, in which case we may provide you with a prorated refund of any prepaid amounts. 7. Subject to the terms of this Agreement, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable license to use the Software solely in connection with playing the Games via an authorized and fully-paid Account. You may not copy (except to make one necessary back-up copy), distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, commercially exploit, sublicense or transfer the Software. You may not reverse engineer, disassemble or decompile the Software except to the extent that this restriction is expressly prohibited by applicable law. The Software may contain license management software that restricts your use of the Software. 8. We and our suppliers shall retain ownership of all intellectual property rights relating to or residing in the Software, documentation and the Games. The Software is a "commercial item." 9. You may not use any third party software, programs, applications or utilities to modify the Software to change or otherwise affect, alter or modify play of the Games. You may not use our intellectual property rights contained in the Games or the Software to create or provide any other means through which the Games may be played by others, as through server emulators. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or that interferes with the operation of our server(s). You may not sell, attempt to sell, purchase, attempt to purchase, auction or facilitate the purchase, sale or auction of any accounts, items, coin or copyrighted material relating to the Games. 10. To obtain an Account, you will be required to choose both a login name and a player name. While you are encouraged to use a pseudonym (or alias), especially if you are a minor, you may not pick a name that violates anyone's trademarks, trade names, service marks, publicity rights or other proprietary rights or pick a name that is offensive, as determined by SOE. 11. As part of your Account, you can upload content to our servers in various forms, such as in the selections you make for the Games and in chat rooms and similar user-to-user areas (collectively, your " Content "). Your Content shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law, rule or regulation; © be defamatory, obscene, offensive, sexually explicit, vulgar, abusive, child pornographic or harmful to minors, objectionable (in a reasonable person's view) or threaten; or (d) make available, bring to the attention of others or contain any hacking programs, viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We may take any action with respect to your Content if we believe your Content may be harmful to others or create liability for us or may cause us to lose (in whole or in part) the services of our internet service providers or other suppliers. You hereby grant to us a worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licenseable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content. 12. SOE has no obligation to monitor or supervise your communications and chat on and in connection with the Games, and expressly disclaims any representation that it will monitor or supervise them, but also expressly reserves the right, and you expressly assent to SOE's right, to monitor or supervise such communications in SOE's sole discretion. You understand that anything that you transmit through or in connection with the Games is routed through SOE's servers and, therefore, you have no expectation of privacy in anything that you so transmit - even if you intend it to be a private message. Accordingly, you acknowledge that the Games and associated communication features are forums for public and not private communications. We cannot ensure that your communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government, law enforcement or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, including the enforcement of this Agreement. Furthermore, if you request any technical support, you consent to our remote accessing and review of the computer on which you load the Software for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Games, the Software and any services or software which may in the future be provided by us or on our behalf. You may choose to visit www.station.sony.com, the web site of Sony Online Entertainment LLC (" The Station "), if The Station offers services such as Game theme chat rooms or other services of interest to you. You are subject to The Station Terms of Service, terms and conditions, rules of conduct, privacy customs and policies of SOE described on The Station and which are incorporated herein by this reference. Solely for the purpose of patching and updating the Games, you hereby grant us permission to (i) upload Game file information from the Games directory and (ii) download Games files to you. 13. WE PROVIDE THE SOFTWARE, THE ACCOUNT, THE GAMES AND ALL OTHER SERVICES "AS IS." WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, uninterrupted, reliable, error-free, secure or virus-free operation of the Software, the Games or your Account. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, we cannot and do not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when you cannot access your Account. 14. IN NO EVENT SHALL WE, OUR PARENT, OUR AFFILIATES OR OUR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES OR DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE GAMES, THE SOFTWARE OR THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. Some states do not allow the foregoing limitations of liability, so they may not apply to you. 15. You shall comply with all applicable laws regarding your use of the Software, your access to your Account and your playing of the Games. Without limiting the foregoing, you may not download, use or otherwise export or re-export the Software except in full compliance with all applicable laws and regulations. 16. This Agreement is governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to this Agreement shall be brought in a court in San Diego County , California . If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Except as provided above, this Agreement may not be amended except in a writing signed by both parties. 17. All services hereunder are offered by Sony Online Entertainment LLC, located at 8928 Terman Court , San Diego , California 92121 . Our phone number is (858) 577-3100. Current rates for using the Games may be obtained from https://store.station.sony.com/store/subscriptions/rules_feesSP.jsp , and such rates are subject to change at any time. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street , Sacramento , CA 95814 , or by telephone at (800) 952-5210. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm or other similar sites providing information on such protections.